Alvarado v. Selma Convalescent Hospital

In Alvarado v. Selma Convalescent Hospital (2007) 153 Cal.App.4th 1292, the plaintiff filed a class action alleging causes of action under the UCL and FAL against skilled nursing and intermediate care facilities to require the facilities to comply with statutory requirements for the minimum number of nursing hours per nursing patient. The statute required the Department of Health Care Services to adopt regulations setting forth the minimum number of hours per patient required in each type of facility. (Alvarado, supra, 153 Cal.App.4th at p. 1303.) The lawsuit sought an injunction requiring the owners and operators of nursing facilities to comply with statutory requirements for nursing hours. However, the statute contemplated the Department of Health Care Services would be charged with adopting regulations setting forth the minimum number of nursing hours per patient required at these facilities (Alvarado v. Selma Convalescent Hospital, supra, 153 Cal.App.4th at p. 1303), as well as determining compliance with those regulations by considering which professionals' time would be counted and whether exceptions were applicable. (Id. at pp. 1304-1306.) The Alvarado court, noting "the DHCS has the power, expertise and statutory mandate to regulate and enforce section 1275.6" (id. at p. 1306), concluded the trial court did not abuse its discretion by applying the abstention doctrine because it involved "a task better accomplished by an administrative agency than by trial courts." (Ibid.)